PRITHVI Vs. SHYAM

JUDGEMENT

(1.) BY this petition, under S. 439 (2), Cr. P. C, the complainant-petitioner seeks cancellation of anticipatory bail granted to accused-non-petitioners by Additional District & Sessions Judge, Bayana, vide his order dated August 25,1993. In order to appreciate the circumstances leading to this application for cancellation of bail before this Court, certain necessary facts require narration. Crime No. 289/93 was registered at Police Station, Bayana on a report lodged by the petitioner on July 20,1993. It related to an incident,which had taken place on July 18,1993. It was alleged in the report that the complainant and some other persons were working in their field, popularly known as 'lambe-wala', then the accused-persons came there armed with weapons and assaulted the complainant and four other persons, including one Mahesh, who had sustained an incised wound of the size 10 cm. x 2 cm. on the left fronto parietal region. As per the report, the non-petitioner Shyam was having a sword and it was he who had inflicted the above injury on the head of Mahesh. It appears that the condition of Mahesh was critical on account of the head injury, as such, he was shifted to Bharatpur for his treatment. However, he succumbed to his injuries on August 1,1993, as such, an offence under S. 302, IPC, was also added against the accused-persons.

(2.) THE non-petitioner and one Ram Kishan, apprehending their arrest,moved an application in the Court of Additional Sessions Judge, Bayana for grant of anticipatory bail under S. 438, Cr. P. C. THE application was moved on July 28, 1993 and was listed in Court on July 29,1993.

(3.) I have given my careful consideration to the respective submissions made by the learned counsel of the parties. I have also minutely gone through the case diary, which was made available to me by the Public Prosecutor.